1.1 These Terms and Conditions of iHaus AG, Siedlerstrasse 2, 85774 Unterföhring (hereinafter “vendor”) shall apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) enters into with the vendor with respect to the goods and/or services advertised in the vendor’s online . We hereby exclude any of the customer’s own terms and conditions unless otherwise agreed.
1.2 A consumer in the sense of these General Terms and Conditions shall mean any natural person who enters into a legal transaction for a purpose that can be attributed neither to commercial nor independent vocational activity. An entrepreneur in the sense of these General Terms and Conditions shall mean any natural or legal person or legal partnership that concludes legal transactions while acting in an independent professional or commercial capacity.
2) Conclusion of Contract
2.1 The product descriptions in the vendor’s online shop do not constitute binding offers on the part of the vendor, but can be used by customers to submit binding offers themselves.
2.2 Customers can submit offers using the online order form in the vendor’s online shop. To do so, customers select goods and/or services, add them to the virtual shopping cart and go through the electronic ordering process. Once they click the final button in the ordering process, they enter into a legally binding contract in relation to the goods and/or services in the shopping cart.
2.3 The vendor may accept the customer’s offer within five days
– by forwarding to the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the date of receipt by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the date of receipt by the customer is decisive, or
– by instructing the customer to pay at the time of ordering the goods/services.
If several of the above alternatives co-exist, the contract is concluded at the moment in time when the first of the above alternatives takes effect. If the vendor does not accept the customer’s offer within the aforementioned period, this is regarded as a rejection of the offer with the result that the customer is no longer bound by his declaration of intention.
2.4 The period for acceptance of the offer shall commence on the day following submission of the offer by the customer and shall end at the end of the fifth day following submission of the offer.
2.5 If the vendor’s online order form is used to submit an offer, the text of the contract shall be stored by the vendor and, once the customer submits the order, sent to the customer in text form (e.g., by email, fax or letter) along with these General Terms and Conditions. In addition, the text of the contract will be archived on the vendor’s website and the customer can download it free of charge via his password protected customer account by specifying his login credentials, provided the customer created an account in the vendor’s online shop before submitting the order.
2.6 Prior to submitting a legally binding order via the vendor’s online order form the customer can make corrections at any time using the standard keyboard and mouse functions. In addition, all entries are displayed once more in a confirmation window before the binding order is finally submitted and corrections can be made using the standard keyboard and mouse functions.
2.7 Contracts shall only be concluded in the German language.
2.8 For order processing and contact purposes, email and automated order processing will be used. The customer must ensure that the email address given for order processing is correct, so that the vendor’s emails can be received at that address. Whenever SPAM filters are used, the customer must ensure that all emails sent by the vendor or any third parties charged with processing the order can be delivered to the specified email address.
3) Right of Revocation
3.1 Revocation Policy
You can revoke your contractual declaration, without indicating any grounds, in text form (e.g., letter, fax, email) within 14 days or by returning any goods received within this 14-day period. The 14-day cancellation period shall commence upon receipt of this explanation in text form, however, not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before we have fulfilled our obligation to provide information pursuant to Article 246 Section 2 in conjunction with Section 1 subsections 1 and 2 of the EGBGB (Introductory Act to the German Civil Code) and our obligations according to Section 312g subsection 1 sentence 1 of the BGB (German Civil Code) in conjunction with Article 246 Section 3 of the EGBGB. The timely dispatch of the revocation notice or goods shall be sufficient for compliance with the revocation deadline. The revocation should be addressed to:
Fax: + 49 89 9959059-44
3.2 Consequences of Revocation
If the revocation is effective, the services received by both parties must be returned and any derived benefits (e.g., interest earned) relinquished. If you cannot return the goods or benefits (derived from their use) either fully or in part, or return them only in a deteriorated condition, you must compensate us for the value lost. Any deterioration of the goods or any benefits derived from their use must be compensated for only if the derived benefits or the deterioration were caused by any usage other than checking the properties and functions of the goods. “Checking the properties and functions” here refers to testing and trying out the goods as you would in a retail store. Postable items shall be returned at our risk. You shall bear the regular costs of the return shipment if the delivered goods match your order and if the price of the goods to be returned does not exceed the amount of 40 euros or, if the goods cost more, you have not yet paid the full purchase price or a contractually agreed partial payment at the time of revocation. In all other cases, you can return the goods free of charge. Non-postable items will be collected by a pickup service. Any obligation to reimburse payments must be fulfilled within 30 days. For you, this 30-day period begins when you send your revocation notice or return the goods; for us, when we take receipt.
4) Prices and Terms of Payment
4.1 Prices quoted by the vendor are final prices and include the legal sales tax. Where applicable, additional delivery and shipping costs are indicated separately in the relevant product description.
4.2 The customer has the choice of several payment options. These are outlined in the vendor’s online shop.
4.3 For cash in advance, payment is due immediately following conclusion of the contract.
4.4 For delivery on invoice, the purchase price is due once the goods have been delivered and the invoice received. In this case, the full purchase price without deduction is due to Novalnet AG within 14 (fourteen) days of the date of invoice, unless otherwise agreed. “Delivery on invoice” requires the successful completion of a credit check. If the customer is allowed to use this payment method following the credit check, payment will be processed in cooperation with Novalnet AG.
4.5 For SEPA direct debit, payment of the amount invoiced is due after issuing a SEPA direct debit mandate, but not before the SEPA pre-notification period expires. Payment is made by direct debit when the ordered goods leave the vendor’s warehouse, but not before the pre-notification period expires. “Pre-notification” is any communication (e.g., invoice, policy, contract) from the vendor to the customer stating that the amount due will be collected by SEPA direct debit. If the customer is a consumer, the pre-notification period for first-time direct debits is reduced to five days, for subsequent direct debits to 2 days. If the customer is an entrepreneur, the pre-notification period for both first-time and subsequent direct debits is reduced to one day. The pre-notification period shall commence on the following day and end for consumers on the fifth day for first-time direct debits ; on the second day for subsequent direct debits; and for entrepreneurs on the day following pre-notification. If the last day of the pre-notification period falls on a Saturday, a Sunday or an official public holiday in the customer’s country of residence, the next working day shall be considered the last day of the period. If the direct debit cannot be processed due to insufficient funds or wrong bank account details, or if the customer revokes the debit even though he is not entitled to do so, the customer shall bear the bank charges for the reversal of the payment transaction by the respective credit institution, provided the chargeback was performed at his request.
4.6 For payment by credit card, the amount invoiced is due immediately upon conclusion of the contract. Credit card payments will be processed in cooperation with Valitor (www.valitor.com) to whom the vendor relinquishes his payment claim. Valitor collects the invoiced amount from the credit card account specified by the customer. The credit card will be charged once the customer order has been submitted in our online shop. For payment by credit card, the vendor remains responsible for general customer inquiries regarding goods, delivery time, shipping, returns, complaints, revocation and return of goods as well as refunds.
5) Delivery and Shipping Terms
5.1 Goods shall be delivered to the delivery address specified by the customer, unless otherwise agreed. For the purposes of completing this transaction, the delivery address specified by the customer during the ordering process shall be taken as the primary delivery address. However, should the customer choose to pay with PayPal, the delivery address stored in the customer’s PayPal account shall be used as the primary delivery address.
5.2 Should the shipping company return the goods to the vendor because the goods could not be delivered to the customer, the customer shall bear the cost of the unsuccessful delivery. This shall not apply if the customer exercises his right of revocation; if the customer is not responsible for the circumstances which meant delivery was not possible; or if the customer was temporarily prevented from accepting the goods, unless the vendor has given sufficient advance notification of the delivery.
5.3 Collection by the customer is not possible for logistical reasons.
6) Retention of Title
If the vendor delivers goods before payment, he reserves ownership of the delivered goods until the full purchase price has been paid by the customer.
7) Liability for Defects
The statutory liability for defects shall apply.
8) Applicable Law
All legal relationships between the parties to this contract shall be subject to the law of the Federal Republic of Germany, without recourse to the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not revoked by mandatory provisions of the laws of the state in which the consumer has his habitual residence.
Verbraucherinformation: Plattform der EU – Kommission zur Online-Streitbeilegung: www.ec.europa.eu/consumers/odr